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HomeMy WebLinkAbout06112014 Agenda Packet SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, JUNE 11, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION – Reverend Dave Newhart, St. Elizabeth’s Episcopal Church 3. PLEDGE OF ALLEGIANCE – Led by Mayor McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 14.107 A. Proclamation – Dump the Pump – Accepted by Senior Resources Association 4 B. Brief Announcements i. June 13th – Chamber Concert in Riverview Park – Mojo Sandwich – 5:30 pm to 8 pm 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 5-11 A. Approval of Minutes – May 28, 2014 Regular Meeting 14.108 B. Approve Annual Fuel Contract with Glover Oil Company Based on Piggyback 12-20 Pricing from City of Port St. Lucie from 7/1/14 through 6/30/2015 (Transmittal, E- mail Agreement, Excerpts of Port St. Lucie Contract, Code) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 14.109 A. Appoint Bruce Hoffman to Metropolitan Planning Organization Citizen Advisory 21-24 Committee (City Clerk Transmittal, Hoffman Application, Press Release) 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 1 of 40 2 14.018 A. Presentation on Railroad Quiet Zones (Transmittal, PowerPoint Presentation) 25-35 14.023 B. Report on Water Quality Testing and “Oyster Mats” (Transmittal) 36 11. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 12. NEW BUSINESS 14.110 A. Indian River Drive Public Parking (Transmittal) 37-38 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS 14.111 A. Charter Officer Evaluations (Transmittal) 39-40 B. Mayor McPartlan C. Vice Mayor Hill D. Council Member Adams E. Council Member Coy F. Council Member Gillmor 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY’S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. Future Council Meeting Dates: 6/25/14 Regular City Council Meeting 6:30 pm 7/9/13 Regular City Council Meeting 6:30 pm 7/23/14 Regular City Council Meeting 6:30 pm 8/11/14 Special/Workshop Council – Budget 6 pm 8/13/14 Regular City Council Meeting 6:30 pm 8/27/14 Regular City Council Meeting 6:30 pm 2 of 40 3 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-13-18 Regular City Council Meetings Public input is ALLOWED under the headings: Consent Agenda Public Hearings Unfinished Business New Business Public Input Public input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); City Council Matters Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual’s time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas “Public Input” provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 3 of 40 4 of 40 SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, MAY 28, 2014 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Karen Leedahl, Christ the King Lutheran Church. 3. The Pledge of Allegiance was led by Council Member Gillmor. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice Mayor Jim Hill Council Member Jerome Adams Council Member Andrea Coy Council Member Richard Gillmor City Staff Present: City Manager, Joe Griffin City Attorney, Robert Ginsburg City Clerk, Sally Maio Administrative Services Director, Debra Krueger Community Development Director/Engineer, Frank Watanabe Environmental Specialist, Cynthia Watson Finance Director, Ken Killgore Golf Course Director, Greg Gardner Deputy Police Chief, Greg Witt Zoning Technician, Dorri Bosworth E-Records & Information Manager, Barbara Brooke-Reese 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 14.100 A. City Health Insurance Presentation – Gehring Group Dustin Keene, Analyst, Gehring Group, introduced Christian Bergstrom, and gave a Power Point presentation (see attached) outlining current activity for the City’s health care insurance, including claims experience and catastrophic claims which show a downward trend, and explained anticipated future federal fees in relation to the Affordable Care Act. He cited the anticipated schedule of negotiations ending with City Council approval in July. 5 of 40 2 Regular City Council Meeting May 28, 2014 Page Two Mr. Gillmor asked how far above 60% the minimum value was, and what does that mean. Mr. Keene said it was an actuarial fee based on benefits being offered and it is currently 75%. Mr. Bergstrom it would far exceed 75% and estimated it at well above 90% but he would come back with an exact figure. Mr. Hill asked for clarification that prior to any premium increases in health care costs we are looking at least a $30K per year hit because of the Affordable Care Act, and if the City wants to balance that loss, Council may have to consider reducing the policies as we get into the budget. Ms. Coy said it was her understanding that premiums are going lower. Mr. Keene said by the time they go out to market they will have at least one more month of claims activity that will be used in their quotes to determine before they go into negotiations. She asked, if we stay on a good track, is it possible that premiums could go down far enough to offset that $27K increase, and Mr. Keene said it was absolutely feasible. Mr. Gillmor asked if our premium had ever gone down, and Mr. Bergstrom said yes but he’d have to go back and look at when that occurred. Mr. Keene said the good news is that claims are looking a lot better than they have been. B. Brief Announcements Mayor McPartlan read a press release citing the need for a local resident to act as a member of the Metropolitan Planning Organization Citizen Advisory Committee to represent Sebastian, which meets at the Indian River County Administration Building in Vero Beach on the first Tuesday of each month at 2 pm. He noted persons interested can contact the City Clerk’s Office for application or information. Mayor McPartlan showed vehicle mirror hangars to help remind people not to forget children in vehicles during high heat and said the hangars will be available in City Hall. Ms. Coy thanked Earl’s for the Memorial Day observation on May 24th which was attended by approximately 40 WWII Veterans, said they had spent a lot of money for this event which was spectacular as was Monday’s Memorial Day service in Riverview Park. She said we may need to do something about shade and seating for that event. 7. CONSENT AGENDA A. Approval of Minutes – May 14, 2014 Regular Meeting 14.082 B. Award Bid for Golf Course Driving Range Netting Replacement to Golf Course Netting, Inc. in the Amount of $32,600 (Transmittal, RFP/Bid Proposal, Bid Tabulation, Golf Range Netting, Inc. Specifications & References, Agreement) 14.101 C. Resolution No. R-14-11 – Grant of Utility Easement (Transmittal, Request Letter, Aerial & Map, R-14-11) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PERTAINING TO UTILITY EASEMENTS; CREATING A UTILITY EASEMENT ON PARTS OF LOTS 4, 5 AND 9, BLOCK 10, EDGEWATER PARK SUBDIVISION OF THE CITY OF SEBASTIAN, AS RECORDED IN PLAT BOOK 1, PAGE 23, FO THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING EXECUTION OF THE GRANT OF EASEMENT; PROVIDING FOR RECORDING; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 6 of 40 3 Regular City Council Meeting May 28, 2014 Page Three 14.102 D. Approve Community Center Alcohol Beverage Use – Garcia Baby Shower and Family Gathering – 6/14/14 – 4 pm to 9 pm (Transmittal, Facility Rental Permit Application and Receipt) Mr. Adams removed item B for discussion. MOTION by Ms. Coy and SECOND by Mr. Adams to approve items A, C and D. Roll Call: Ayes: Coy, Gillmor, McPartlan, Hill, Adams Nays: None Passed: 5-0 Item B – Golf Course Netting The City Manager cited page 34 of 189, the bid tabulation form, for the list of bid amounts submitted by each vendor. He said they had heard from the two lowest bidders that they had made mistakes on their bids and wanted to pull out of the bid, he determined they were unusable and should be pulled out. He recommended the bid be awarded to Net Connection LLC. MOTION by Ms. Coy and SECOND by Mr. Gillmor that Net Connection LLC be the contractor for the Golf Course netting replacement as the next lowest bidder in line. Roll Call: Ayes: Gillmor, McPartlan, Hill, Adams, Coy Nays: None Passed: 5-0 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 14.103 A. Parks and Recreation Committee (City Clerk Transmittal 5/15/14, Applications, Ad, List) i. Interview Unless Waived, Submit Nominations for Two Regular Members and One Alternate Member – All Terms to Expire May 31, 2017 The City Clerk noted there are three openings for which the three incumbents reapplied, and they are the only applicants for the positions. MOTION by Mr. Adams and SECOND by Ms. Coy to reappoint the three members to their existing positions. (Board appointments typically require nominations, and when there is more than one nomination for a position, a roll is taken. In this case, the nomination was for all three to be reappointed to their positions and no additional applicants or nominations made) Mr. Gillmor said two weeks ago as member of TCRLC he was asked to be a delegate to the Action Assembly on the Indian River Lagoon sponsored by the Marine Resources Council which took place in Palm Bay over a weekend. He read his notes into the record (see attached). He then reported that this issue has been studied by many organizations for years and there is lots of science but it is cubby holed and it was agreed that there needs to be one agency that can bring it all together to determine what fixes there might be, perhaps the National Estuary Program. He noted it was a very informative two days. Ms. Coy said it has been said we have had this data for years and years and it was squirreled away, but then you find there is money involved, said she was emailed the data and read it but it is meaningless to a novice, so it is a good idea for someone to give the data meaning, and is glad to hear that people are still meeting. Mr. Gillmor cited 7 of 40 4 Regular City Council Meeting May 28, 2014 Page Four discussions that took place in his group at the meeting, which revealed some misinformation that exists. Ms. Coy said yesterday she witnessed people at the Main Street tracks doing survey work so she called the City Manager to look into it, noting we had been promised that we would be invited to participate in any surveys being done. The Community Development Director said the survey party was a sub to the prime which is surveying all the tracks for All Aboard Florida and they were conducting their third and final survey this time for height clearance. Ms. Coy said with Council’s concurrence she would like to ask the City Manager to file a complaint to whomever is worthy of it, for conducting this work without notifying the City. Mayor McPartlan said he believed it was in the minutes or on the tape that they would notify the City. He said Mr. Roberts stated this in a meeting with him and the City Manager and at an MPO meeting. The Community Development Director said at the last MPO Technical Advisory Committee meeting, Phil Matson said when they go into field diagnostics, they assured us that they invite the agencies, but he was concerned that they have already done three surveys, and will release a document identifying all the issues. He said there are three engineering firms who are prime engineers for All Aboard Florida, Trans System, HNTB and URS. Ms. Coy asked for concurrence for a letter said we need to stay in this game, also noting we also have not heard back from FRA in response to the City’s request to be a participating agency. Mayor McPartlan agreed with sending a letter because we were promised some items that have not come to fruition. The City Manager said he and Mr. Watanabe would get on that to get a letter filed with the FRA and follow up on the request to be a participating agency. Mr. Hill said the letter should be signed by the Mayor. 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT - None 12. NEW BUSINESS 14.056 A. Resolution No. R-14-09 – Accepting Quarterly Financial Report and Adopting 2nd Quarter Budget Amendments (Transmittal, R-14-09, Quarterly Financial Report) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013 AND ENDING SEPTEMBER 30, 2014 AS PROVIDED FOR IN EXHIBIT “A”; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-14-09 by title. 8 of 40 5 Regular City Council Meeting May 28, 2014 Page Five The Finance Director gave a brief presentation on the quarterly amendment, noting the Budget Review Advisory Board had approved it unanimously to send forward to Council, resolution attachments outline the budget adjustments and transfers made during the quarter, noted a couple of large items which he qualified were items which were essentially projects where they determined an account breakdown that is different than what is usually in the budget with overemphasis on equipment side or the improvement side, changes approved by Council are shown, graphics show the General Fund with nothing outstanding there, reserves are at a higher amount for this time of the year, GF departments are essentially within their budgets with some slight increase for some based on payment of audit fees and payout for the former City Manager. He cited the Capital Projects list which staff is prioritizing and deciding how to best report CIP to the Budget Board and Council in a way that is more meaningful. He noted statistical information by revenue category, and a full picture of all accounts we have, capital projects status report, investment report showing funds in a local bank or the State Board of Administration, and lastly the department accomplishments, which the Budget Board has commented that the accomplishments better relate to the goals and objectives of the department to make it more meaningful and are they within expected parameters. Mayor McPartlan said the 2500 Police Department volunteer hours were quite an accomplishment with so many citizens involved volunteering for us. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve R-14-09. Roll Call: Ayes: McPartlan, Hill, Adams, Coy, Gillmor Nays: None Passed: 5-0 14.104 B. Resolution No. R-14-10 – Amending Development Permit Review Fee Schedule to Implement In-House Engineering Review Fees for Development Applications (Transmittal, R-14-10 with Revised Fee Schedule) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING ENGINEERING REVIEW FEES FOR COMMUNITY DEVELOPMENT PLAN REVIEW; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read Resolution No. R-14-10 by title. The City Manager said in early 2009 the former City Manager did away with the Engineering Department, and since then the Community Development Department has sent out plans’ engineering review to commercial engineering services and passed those fees along to the client who submitted the plans, and since we now have an in-house engineer, recommended the City continue to charge those engineering review fees, though cut them in half. MOTION by Ms. Coy and SECOND by Mr. Adams to approve Resolution No. R-14-10. Roll Call: Ayes: Hill, Adams, Coy, Gillmor, McPartlan Nays: None Passed: 5-0 14.105 C. Approve City Manager Discretion to Permit Elected Officials’ Use of City Hall Surplus Office Space (Transmittal, Correspondence, Council Minutes Excerpt) The City Manager said from time to time the City has been approached to provide surplus office space, and there has been an unofficial policy that we have done that. He 9 of 40 6 Regular City Council Meeting May 28, 2014 Page Six said subsequent to sending out the packet, would have tweaked his recommendation to say “any duly elected official from this district above the State Representative level”. He said this will benefit citizens and the elected officials and we do have some surplus space. Mayor McPartlan asked what would happen if the offices were double booked such as after a storm. The City Manager said his office and Jean Tarbell can manage that, and after a storm would be a perfect time to have them there. Mr. Hill said this was a no brainer, it’s been done in the past, that it should be representatives of our districts and is nothing but a benefit. Mr. Gillmor agreed, noting that Senator Rubio’s aide comes to the North County library and we should also offer space to Senators Rubio and Nelson as well as Congressman Posey. Mr. Hill said this started with his conversation with Senator Altman and he thought it was a benefit to have him in City Hall to have representation in Indian River County. The City Manager clarified that Council consensus that it be to a State representative and above. Ms. Coy said she would like to see the actual elected official show up rather than their aides. Mr. Hill said they are very busy people and it is enough to have their aides here. Ms. Coy noted Representative Poppell was here once or twice a week. Mr. Hill said she should call them, and the City Manager is well equipped to handle it. MOTION by Mr. Gillmor and SECOND by Ms. Coy to move staff’s approval Roll Call: Ayes: Adams, Coy, Gillmor, McPartlan, Hill Nays: None Passed: 5-0 14.106 D. City Emergency Management Plan (Transmittal, Draft Plan) The City Manager said when he became Interim City Manager he directed that an Emergency Management Plan be completed by June 1, that Building Director, Wayne Eseltine stepped up to manage the plan being put in place, he has done a great job and it is now in place, and asked for Council’s endorsement. MOTION by Ms. Coy and SECOND by Mayor McPartlan to approve City’s emergency management plan. Mr. Hill commended Mr. Eseltine and his staff. Roll Call: Ayes: Coy, Gillmor, McPartlan, Hill, Adams Nays: None Passed: 5-0 13. CITY ATTORNEY MATTERS - None 14. CITY MANAGER MATTERS The City Manager reported on a citizen complaint about the Crab E Bill sign being in the right-of-way, that he authorized its location 3 ½ years ago, it was determined to be in right-of-way by a former Council Member, is confirmed to be in right-of-way but because it is in our right-of-way and is in support of a city project he recommends it stay where it is because it does not provide any visual obstructions; he reported that he had been notified by Stan Boling, that Indian River County is considering staggering payment for certain impact fees which he had discussed with the Building Official who stated he is not a fan of this and agreed that the impact fee collection remain as it currently is; and finally, advised that the “How to Do Florida” segment filmed in Sebastian will air on WFTV on June 22 at 11 am and on WFLX on June 22 at 12:30 p.m. 10 of 40 7 Regular City Council Meeting May 28, 2014 Page Seven 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Gillmor Mr. Gillmor noted the Clerk had discovered that Council Members will be required by law to take ethics training next year. The Clerk noted it had come from the Florida Association of City Clerks. He said the League of Cities is pursuing conducting the four hour class sometime early next year and seeking locations, noting the Indian River County Commission will be required to take them as well; and reported that the Sebastian River Art Club will be doing a mural in the Community Center. B. Mayor McPartlan – None C. Vice Mayor Hill - None D. Council Member Adams Mr. Adams asked, in accordance with our Lagoon workshop discussion in January, have we moved any further on finding a vendor and costs for oysters mats. The City Manager said he did not know but would find out, noting discussions about Kilroys, the number on them being roughly $30K. Ms. Coy noted there have been mechanical problems with the Kilroys, and Mr. Gillmor said the County pulled them out of the canals because the sensors were for fresh water and there was brackish water in the canals and they were not getting the data. He said the County Commission had ordered hand testing in the canals. He reported that Cindy Watson has ordered a Hach digital meter, and when that is in hand he will be available to get samples. E. Council Member Coy Ms. Coy said there has been a tragedy this week with youth and shootings, and two people called about youth activities in the area, and said we need to have a future discussion on this and hoped other members who have children can be involved; and reported that June 1 is the beginning of the rainy season, we have a new fertilizer ordinance, and we don’t have fertilizer police but just go look at the lagoon and smell it right now and any little bit you can do is a help. 17. Being no further business, Mayor McPartlan adjourned the Council meeting at 7:30 p.m. Approved at the June 11, 2014 Regular Council Meeting. By:____________________________ Bob McPartlan, Mayor Attest: _______________________________ Sally A. Maio, MMC, City Clerk 11 of 40 12 of 40 13 of 40 14 of 40 15 of 40 16 of 40 17 of 40 18 of 40 19 of 40 20 of 40 21 of 40 22 of 40 23 of 40 24 of 40 25 of 40 26 of 40 27 of 40 28 of 40 29 of 40 30 of 40 31 of 40 32 of 40 33 of 40 34 of 40 35 of 40 36 of 40 37 of 40 38 of 40 39 of 40 40 of 40